Singapore legislation
Section 26
Section 26
Works affecting stormwater drainage system
(1)
A person must not carry out or cause to be carried out —
any works which affect or are likely to affect any stormwater drainage system, drain or drainage reserve, directly or indirectly; or
any works that could lead to the discharge of silt directly or indirectly into any stormwater drainage system, drain or drainage reserve,without obtaining, in respect of those works, a clearance certificate or the approval of the Board under section 33.
(2)
Every person given a clearance certificate or approval by the Board to carry out any works under subsection (1) must —
notify the Board in writing before the commencement of the works;
provide adequate silt control measures in accordance with any standards or guidelines issued by the Board before the commencement and for the duration of the works; and
comply with the conditions of the clearance certificate or approval, if any.
(3)
The Board may prescribe standards and limits in respect of any discharge of silt into any stormwater drainage system, drain or drainage reserve.
(4)
Where any works are or have been carried out in contravention of subsection (1) or (2), or as a result of which silt is discharged which exceeds the standards or limits prescribed under subsection (3), the Board may do all or any of the following:
by written notice require the person who carried out or caused to be carried out the works, or the owner or occupier of any premises in respect of which the works were carried out, to do one or more of the following:
to immediately cease the carrying out of those works, either indefinitely or for such period as the Board may specify;
to carry out any works that the Board may think necessary to restore the stormwater drainage system, drain or drainage reserve to its original condition or to protect the stormwater drainage system, drain or drainage reserve, within the time specified in the notice;
to take any measures that the Board may think necessary to comply with subsection (2)(b) or (c) or adhere to the standards or limits prescribed under subsection (3);
revoke the clearance certificate or approval given, or suspend the clearance certificate or approval for such period as the Board considers reasonable.
(5)
Any person who —
contravenes subsection (1) or (2);
without reasonable excuse, fails to comply with a notice of the Board under subsection (4)(a); or
carries out any works after the clearance certificate or approval relating to those works has been revoked or during the period that the clearance certificate or approval is suspended under subsection (4)(b),shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000.
(6)
Where the person on whom the notice is served under subsection (4)(a) fails to comply with the notice, an authorised officer may, at all reasonable hours in the day or night, or at such other time as may be agreed with the owner or occupier of the premises to which the notice relates, enter the premises and take such measures and execute such work as may be necessary to secure compliance with the notice but without affecting any proceedings that may be taken against that person under subsection (5).
(7)
Any expenses reasonably incurred by the Board under subsection (6) may be recovered from the person who failed to comply with the notice served on the person under subsection (4)(a), and section 48 and, if that person is the owner of the premises, section 50 applies in respect of those expenses.
(8)
Nothing in this section is to be construed as prohibiting the Board from carrying out any works specified in any notice under subsection (4)(a) at the request of a person who has been served with the notice upon an undertaking by that person to pay the costs and expenses in executing the works.